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Home My WebLink About2016-13 - Approving Zoning Code Amendment No. CA2016-003 for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061)ORDINANCE NO. 2016-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING ZONING CODE AMENDMENT NO. CA2016-003 FOR THE LIDO HOUSE HOTEL PROJECT LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (PA2016- 061) WHEREAS, an application was filed by Olson Real Estate Group, Inc. on behalf of Lido House, LLC ("Applicant') with respect to property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street on the Balboa Peninsula in the Lido Village area of the City of Newport Beach ('Property"); WHEREAS, the Applicant requests approval of a General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, and amendments to Site Development Review No. SD2014-001 and Conditional Use Permit No. 2014-004 that authorized the construction and operation of a 130 -room at the Property called the "Lido House Hotel;" WHEREAS, the Applicant requests a 4,745 square foot increase in the maximum allowable development of the site from 98,625 square feet to 103,470 gross square feet for the Lido House Hotel ('Project'); WHEREAS, the Planning Commission held a public hearing on June 23, 2016, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the public hearing was provided in accordance the Newport Beach Municipal Code ("NBMC"). At the conclusion of the hearing, the Planning Commission voted unanimously (7-0) to adopt Planning Commission Resolution No. 2020 recommending adoption of Addendum No. 1 to the Certified Environmental Impact Report and approval of the requested applications; WHEREAS, the City Council held a public hearing on July 26, 2016, in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the public hearing was provided in accordance the NBMC; WHEREAS, Addendum No. 1 to the Certified Environmental Impact Report was adopted by the City Council on July 26, 2016, by Resolution No. 2016-88 and the recitals and findings made are incorporated herein by reference; WHEREAS, amendments to the Zoning Code are legislative acts. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. Zoning Code Amendment No. LC2016-003 is consistent with General Plan Amendment No. GP2016-001 and Coastal Land Use Plan Amendment No. LC2016-001; WHEREAS, the requested increase in floor area allows larger lobby and circulation spaces, an enclosed pre -function space, larger management offices, larger storage spaces, a larger ancillary retail space, and two slightly larger hotel rooms without increasing the number of hotel rooms. These changes constitute a 4.8 percent Ordinance No. 2016-13 Page 2 of 3 increase in floor area compared to the previously approved hotel plan. The area devoted to meeting rooms is decreasing and these changes are minor in nature and should enhance the hotel and the experience of guests and visitors; WHEREAS, the increased floor area does not increase the number of hotel rooms and therefore, does not increase predicted traffic or parking demands for the Project. The predicted traffic to and from the proposed hotel, with this requested change, will remain less than what the former City Hall site generated; WHEREAS, the increased floor area does not reduce publically visible open space or decrease the parking provided; and WHEREAS, the increased hotel floor area is located on the first and second level and does not increase the height of the building. The proposed hotel remains consistent with applicable standards provided in the Commercial Visitor -Serving - Lido Village ("CV -LV") land use category, the CV -LV zoning district and Coastal Land Use Policy 4.4.3-1 that limits the height of development. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this ordinance. Section 2: The City Council of the City of Newport Beach hereby approves Zoning Code Amendment No. CA2016-003, as depicted in Exhibit A, which is attached hereto and incorporated herein by reference. Section 3: The City Council of the City of Newport Beach authorizes staff to correct any typographical or scrivener's errors in compiling the final documentation, without the need for further review or approval by the City Council. Section 4: Pursuant to California Environmental Quality Act ("CEQX) Guidelines Section 15062, the changes to the Project are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent Environmental Impact Report ("EIR") does not need to be prepared. The City prepared and certified a final EIR for the Project (SCH#2013111022). State CEQA Guidelines allow for the updating and use of a previously certified EIR for projects that have changed or are different from the previous project. In cases where changes or additions occur with no new significant environmental impacts, an Addendum to a previously certified EIR may be prepared pursuant to CEQA Guidelines Section 15164. The City prepared Addendum No. 1 to the Project's final EIR for the modified project concludes that no new environmental impacts and no impacts of greater severity would result from approval and implementation of the requested additional square footage. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each Ordinance No. 2016-13 Page 3 of 3 section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. This ordinance shall be published pursuant to City Charter Section 414 and shall become final and effective upon the effective date of approval by the California Coastal Commission of the Coastal Land Use Plan Amendment (LC2016-003). This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on July 26, 2016, and adopted on August 9, 2016, by the following vote, to -wit: AYES, COUNCILMEMBERS Council Member Peotter, Council Member Duffield, Council Member Selich Council Member Curry Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None DIANE B. DIXON MAYOR ATTEST: ,-I slvvvvrU N, CITY CLERK FO APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON CARP. CITY ATTORNEY Ordinance No. 2016 - Page 4 EXHIBIT A Zoning Code Amendment No. CA2016-003 Amend Section 20.14.010 (Zoning Map Adopted by Reference) to modify Anomaly Location #85 as follows. Anomaly Development Limits Development Limit (other) Additional Information Number Accessory commercial floor area is allowed in conjunction with a hotel and it is included 85 within the hotel development limit. 103,470 sf of hotel Municipal facilities are not restricted or included in any development limit. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2016-13 was duly and regularly introduced on the 26th day of July, 2016, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9 adopted of August, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of August, 2016. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } G"'Vv Leilani I. Brown, MMC City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2016-13 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: 2016. Introduced Ordinance: July 30, 2016 Adopted Ordinance: August 13, 2016 f,� rye In witness whereof, I have hereunto subscribed my name this (A day of DV"IV�r l�"S-o NxP 4-4� Leilani I. Brown, MMC City Clerk City of Newport Beach, California (Seal)